Freedom of expression

Supreme Court rules on TikTok ban

The legal tug-of-war over a possible US ban on TikTok is entering the decisive phase. From Friday, the US Supreme Court will have to weigh up whether the potential risks to national security posed by the short video platform justify curtailing the right to freedom of expression.

"This is the most significant free speech case in at least a generation," says Timothy Edgar, who has worked for Democratic and Republican-led US administrations and currently teaches cybersecurity at Brown University. "When you consider that there are 170 million active monthly TikTok users in the US, the amount of free speech at stake is the largest in American history."

Due to their proximity to the Chinese government, TikTok and ByteDance are suspected of espionage in numerous countries. There are also fears that the companies could manipulate public opinion. The companies and the Chinese authorities have repeatedly denied these accusations. Nevertheless, TikTok has been completely or partially blocked in several countries.

A few months ago, the US Congress passed a law with a bipartisan majority that obliges ByteDance to sell its US business by January 19, 2025. Otherwise, the app will be blocked nationwide. The video platform is taking legal action against this.

Trump first for the ban, now against it
However, Donald Trump, who will be inaugurated for his second term as US President the day after the possible ban, could render a Supreme Court ruling moot. Although he initiated the proceedings against TikTok a few years ago, he recently spoke out against a ban.

However, this could put his Republican Party to the test. Leading party colleagues and Republican attorneys general from 22 US states are in favor of the ban.